Commonwealth v. Harth, K. ( 2020 )

IN THE SUPREME COURT OF PENNSYLVANIA EASTERN DISTRICT COMMONWEALTH OF PENNSYLVANIA, : No. 562 EAL 2019 : Respondent : : Petition for Allowance of Appeal : from the Order of the Superior Court v. : : : KHALID M. HARTH, : : Petitioner : ORDER PER CURIAM AND NOW, this 2nd day of June, 2020, the Petition for Allowance of Appeal is GRANTED, LIMITED TO the issue set forth below. Allocatur is DENIED as to the remaining issue. The issue, as stated by petitioner, is: Was the Superior Court’s order to remand for a new hearing on the Commonwealth’s due diligence in error, insofar as it contradicts precedent and impermissibly gives the Commonwealth a second chance to prove diligence, when the Commonwealth had a full and fair opportunity to do so and failed to meet its burden?